The Supreme Court is expected to take up a petition on October 27 seeking the transfer of a pending Delhi High Court case concerning equal status for the national song ‘Vande Mataram’ and the national anthem ‘Jana Gana Mana’.
According to the Supreme Court website, a bench comprising Chief Justice Surya Kant and Justices Joymalya Bagchi and V Mohana is likely to hear the transfer petition filed by advocate Ashwini Upadhyay.
The petitioner has sought to move the public interest litigation from the Delhi High Court to the Supreme Court, citing the pendency of a similar petition before the apex court. The transfer application has been filed through advocate Ashwani Dubey.
Plea Seeks Daily Singing in Educational Institutions
The underlying litigation seeks directions to the Central government and the Delhi government to ensure that both ‘Vande Mataram’ and ‘Jana Gana Mana’ are played and sung in schools and other educational institutions on every working day.
It also calls for a national policy establishing guidelines for honouring and promoting the national song.
The petitioner has argued that the absence of specific regulations has resulted in ‘Vande Mataram’ being performed in an inappropriate manner and used in films and at parties without adequate regard for its significance.
The petition further seeks restrictions on the dramatisation of the song and its inclusion in variety shows. It maintains that everyone present should show appropriate respect whenever the song is performed or played.
Petition Cites Role of ‘Vande Mataram’ in Freedom Struggle
Emphasising the historical importance of ‘Vande Mataram’, the petitioner has argued that the song represents India’s sovereignty, unity, national identity and pride.
The plea refers to a statement made by Constituent Assembly Chairman Rajendra Prasad in 1950 to support its demand that ‘Vande Mataram’ receive respect equivalent to that accorded to the national anthem.
According to the petition, both compositions deserve recognition because of their significance to the country. It argues that while ‘Jana Gana Mana’ expresses sentiments concerning the State, ‘Vande Mataram’ reflects the nation’s character and identity.
The petitioner has also maintained that citizens have a responsibility to refrain from disrespecting the national song and to prevent acts that undermine its dignity.
Calling for government intervention, the petition argues that the executive should formulate a national policy to promote both ‘Jana Gana Mana’ and ‘Vande Mataram’ and encourage respect for them.
It further contends that national interest must take precedence over individual interests to safeguard the country’s freedom and sovereignty.
Transfer Request Before Supreme Court
The immediate issue before the Supreme Court is the petition seeking transfer of the pending Delhi High Court litigation.
Upadhyay has requeste
